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WILLIAMSON v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, 5:12CV58. (2013)

Court: District Court, E.D. Texas Number: infdco20130911c20 Visitors: 3
Filed: Sep. 10, 2013
Latest Update: Sep. 10, 2013
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MICHAEL H. SCHNEIDER, District Judge. The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. 636. The Report of the Magistrate Judge which contains her proposed findings of fact and recommendations for the disposition of such action has been presented for consideration. No objections to the Report and Recommendation were file
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ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

MICHAEL H. SCHNEIDER, District Judge.

The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report of the Magistrate Judge which contains her proposed findings of fact and recommendations for the disposition of such action has been presented for consideration. No objections to the Report and Recommendation were filed. The Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore, the Court hereby adopts the Report of the United States Magistrate Judge as the findings and conclusions of this Court. Accordingly, it is hereby

ORDERED that Defendant's Motion to Remand (Dkt. No. 13) is hereby GRANTED. It is further

ORDERED that Plaintiff's above-entitled and numbered civil action is REVERSED and REMANDED under the fourth sentence of the Social Security Act, 42 U.S.C. § 405(g), to the Commissioner of the Social Security Administration for further administrative proceedings before an Administrative Law Judge ("ALJ"). It is further

ORDERED that on remand an ALJ will give further consideration to Plaintiff's residual functional capacity, and in so doing update the administrative record with the assistance of Plaintiff's representative. The ALJ will evaluate all of the medical evidence of record (including but not limited to the opinion of Dr. Gustav) and indicate the weight afforded this opinion evidence. In addition, the ALJ will further evaluate Plaintiff's subjective complaints and obtain supplemental vocational expert evidence. It is further

ORDERED that all motions not previously ruled on are DENIED, and the referral order is VACATED.

Source:  Leagle

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